ACCORDING to Klara van Aswegen of the Durban & Coast SPCA, pet owners have several ways to deal with an attack.
“In cases in which an animal has caused injury to a person, the injured party could charge the owner of the animal in terms of the Animal Matters Amendment Act 42 of 1993, which would be investigated by SAPS, or the injured party could sue the owner of the animal and claim damages to be dealt with by a private attorney.
“In cases where an animal has caused injury to another animal, the owner of the injured animal would be able to lay a charge in terms of the city by-laws. The by-laws state the regulations in terms of the number of animals a person is allowed on their property – depending on the size of the property, the keeping of aggressive animals, roaming animals and nuisance animals. City by-laws are policed and enforced by Metro Police and the owner of the injured animal would need to report the incident to them for their investigation.
In the case of animal being attacked, Van Aswegen said:
“If a charge is laid against the owner of the problem-causing animal, the case will be heard in court and a decision can be made by the presiding magistrate with regards to the fate of the dog if the owner is found guilty. Should the magistrate declare that the animal must be euthanised, the SPCA may be called upon to assist with collection and euthanasia. The owner of the injured animal may be able to lay a charge regarding injury to property (to be investigated by SAPS) or a civil case against the owner of the aggressive/problem-causing animal.”
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